The Ministry of Construction has just reported on the acceptance, revision and completion of the draft revised Housing Law submitted to the Government, including a proposal for the development of multi-storey housing with many apartments for households and individuals (also known as mini apartments).
Accordingly, the Ministry recommends that households and individuals who build mini apartments for sale or lease-purchase must meet the conditions for being investors in housing projects. Construction investment is also carried out according to the same regulations as housing projects. In addition, the sale and lease-purchase of apartments is carried out according to regulations on real estate business. The issuance of certificates for each apartment is carried out according to regulations on land.
The Ministry said that the establishment of housing construction investment projects will help closely manage mini apartments according to planning and population indicators, ensuring technical and social infrastructure. This also limits the development of mini apartments that do not comply with construction permits, do not meet regulations and standards, especially on fire prevention and fighting, as has happened recently.
Proposals to build mini apartments require investment projects. (Illustration: Cong Hieu).
In the case of building mini apartments for rent, the owner must comply with the construction investment regulations as for individual houses. Fire safety management is applied according to the regulations for individual houses combined with production and business. The management and operation of multi-storey houses are implemented according to the regulations on management and use of apartment buildings issued by the Minister of Construction.
In the report, the Ministry of Construction presented two options for developing this type of housing.
The first option for households and individuals who have the right to use residential land according to regulations: When building a house with two or more floors, each floor has a design and construction of apartments for sale or rent-to-own for each apartment, they must meet the conditions to be the investor of a housing construction investment project.
At the same time, construction investment is carried out in accordance with the provisions of the law on construction and relevant laws for housing construction investment projects.
The sale and lease-purchase of apartments specified in this clause shall be carried out in accordance with the provisions of this law and the law on real estate business. The issuance of certificates for each apartment specified in this clause shall be carried out in accordance with the provisions of the law on land.
In addition, when constructing, it is necessary to comply with the provisions of the law on construction for individual houses, and to manage fire safety according to the provisions of the law on fire prevention and fighting for individual houses combined with production and business.
In addition, management and operation are carried out according to the regulations on management and use of apartment buildings issued by the Minister of Construction.
The Ministry of Construction said that the establishment of housing construction investment projects will help closely manage mini apartments according to planning and population indicators, ensuring technical and social infrastructure. This also limits the development of mini apartments that do not comply with construction permits, do not meet regulations and standards, especially on fire prevention and fighting, as has happened recently.
In the case of building mini apartments for rent, the homeowner must comply with the construction investment regulations as for individual houses. Fire safety management is applied according to the regulations for individual houses combined with production and business. The management and operation of multi-storey houses are implemented according to the regulations on management and use of apartment buildings issued by the Minister of Construction.
Option 2: A house with 22 floors or more, each floor designed and constructed with two or more apartments for rent, must meet the requirements of this law and the conditions. Specifically, the private use area of the apartment, the common use area of the house and the equipment for common use.
Apartments must be designed and built in a closed manner, with a floor area standard for each apartment not lower than the area according to the National technical standards for apartment buildings. Fire prevention and fighting design and assessment must comply with regulations for apartment buildings.
However, the Ministry of Construction believes that mini apartments built for rent do not necessarily meet all the conditions as in the draft revised by the National Assembly Committee. Because the law has specific regulations on investment management in the construction of individual houses (not subject to project preparation) as well as fire prevention and fighting safety.
The draft law also proposed not to issue certificates of land use rights and house ownership rights for each apartment in a "mini apartment building". Therefore, it is not necessary to set a requirement to distinguish between common and private use areas like option 2.
Chau Anh
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